EB5

The EB-5 Immigrant Investor Program offers one of the most direct paths to a US green card for foreign investors and their families. By investing in a qualifying US business or regional center, you can secure permanent residency while supporting the US economy. Unfortunately, because of the high investment amounts involved, the EB-5 program has also attracted scammers and fraudulent projects.

If you’re considering EB-5, it’s essential to understand the risks, recognize the red flags, and work with trusted advisors to ensure your investment is both safe and compliant.

Common EB-5 Scams and Red Flags

EB-5 scams come in different forms, but most share a few warning signs. Watch out for:

• Guaranteed returns – EB-5 investments must be at risk. If someone promises “zero risk” or “guaranteed profits,” it’s a red flag.
• Unregistered promoters – Always verify that the regional center or project is registered with USCIS and compliant with securities laws.
• Fake or inflated job creation numbers – Job creation is at the heart of EB-5 eligibility. Fraudulent projects often exaggerate their employment impact.
• Pressure to invest quickly – Scammers often create false urgency to push investors into transferring funds without due diligence.
• Lack of transparency – If you cannot access business plans, financials, or clear project details, proceed with extreme caution.

Five EB-5 Programs Reported to be Fraudulent

1. Jay Peak Resort Fraud (Vermont)

One of the most infamous alleged EB-5 fraud cases. According to the SEC, developers of the Jay Peak Resort in Vermont raised over $350 million from EB-5 investors but misused much of the money in a Ponzi-like scheme. Instead of funding promised ski resort expansions, funds were diverted to cover other expenses and personal gain. Hundreds of investors were left without green cards or financial returns. SEC Charges Vermont-Based Ski Resort and Principals With Misusing EB-5 Investor Funds

2. Chicago Convention Center Scam

In 2013, a developer in Chicago raised more than $145 million from EB-5 investors for a hotel and convention center near O’Hare Airport. According to the SEC, the project turned out to be a sham, and the SEC charged the promoter with fraud. Investors were misled with false claims that the project had government support and USCIS approval. SEC Halts $145 Million Investment Scheme to Build Chicago Convention Center

3. California “Cancer Center” Fraud

According to the SEC, promoters collected over $27 million from Chinese investors for a supposed state-of-the-art cancer treatment center in California. The project never broke ground, and the money was misappropriated. The case highlighted how false promises of medical technology projects were used to lure EB-5 investors. SEC: California-based EB-5 Regional Center Fraud

4. Florida Palm House Hotel Scheme

In Palm Beach, Florida, developers solicited $44 million in EB-5 funds to renovate the Palm House Hotel. According to the SEC, instead of using the money for construction, the funds were allegedly spent on luxury cars, yachts, and personal expenses. The project never materialized, and investors were defrauded. SEC Charges Palm House Hotel Developer With EB-5 Fraud

5. Seattle EB-5 Fraud Case

According to the SEC, a husband-and-wife team raised more than $14 million from Chinese investors under the EB-5 program for supposed real estate developments in Seattle. Investigators later found that the projects were fake and the funds had been transferred to personal accounts overseas. Seattle Woman Sentenced in EB-5 Investment Fraud Scheme

These real world cases show how EB-5 scams can devastate investors, leading to lost money, lost green card opportunities, and years of wasted time.

Consequences of EB-5 Fraud for Investors

Falling victim to an EB-5 scam can mean more than financial loss. The immigration consequences are severe:

• Visa denial – USCIS may deny your petition if the project fails to meet EB-5 requirements.
• Loss of lawful status – Families relying on the EB-5 visa could find themselves without a path to permanent residency.
• Permanent setbacks – Investors may lose years of waiting time and risk becoming inadmissible in future applications.

This is why due diligence and legal guidance are critical at every stage of the EB-5 process.

How to Protect Yourself From EB-5 Scams

The best way to protect yourself from EB-5 scams is to approach every investment with caution and the right professional guidance. We can conduct due diligence, identify red flags, and ensure that your investment qualifies for immigration benefits. At our firm, we can help guide you through legitimate EB-5 projects, avoided fraudulent schemes, and help you secure your US green cards while protecting your financial future.

How We Help EB-5 Investors

Our firm has successfully guided EB-5 investors through the process, ensuring their investments meet USCIS requirements while avoiding fraudulent projects. We:

• Conduct due diligence on regional centers and investment offerings.
• Help clients document and prove lawful source of funds to USCIS standards.
• Provide ongoing guidance through Form I-526E (Immigrant Petition by Standalone Investor or Regional Center Investor) and Form I-829 (to remove conditions).
• Advocate for clients in cases of delayed or troubled projects, exploring alternatives to protect their immigration future.

By combining immigration expertise with investor protection, we help ensure that EB-5 applicants can achieve their ultimate goal: a U.S. green card for themselves and their families. The EB-5 program remains a powerful pathway to U.S. residency, but the risk of fraud is real. With the right guidance, you can avoid scams, protect your investment, and secure your green card.

Your Path to Approval Starts with the Right Legal Team

If you’re considering an EB-5 investment, or if you suspect you’ve been misled by a fraudulent project, contact us today at 305-515-0613 or email info@messersmithlaw.com. We’ll review your situation, explain your options, and guide you safely through the EB-5 process.

I’m interested in purchasing a business in the US in order to qualify as an immigrant investor through the EB5 program. I want to invest the least amount possible which I understand is $500k. This requires a business to be in a rural area. What exactly qualifies as a rural area?

These qualifying areas are determined by the US Census and locations can be found through their web site here: http://quickfacts.census.gov/qfd/states/00000.html

How long does it take to get a green card through the EB5 program? As long as I make the required investment, the visa is guaranteed, right? I also read that the EB5 program will end soon, is that true?

Current processing times are about 4-6 months for both Form I-526 and Form I-829. According to USCIS figures, there were 692 EB5 cases filed from October 2008 through May 2009 and 608 were approved so your chances are good but not guaranteed. There are many factors which can lead to a denial so you must be sure to prepare your application very thoroughly. The EB5 program is scheduled to sunset in September but it is widely expected that the program will be extended but because applications are taking 4-6 months to get approved.